Section 125 in The Code Of Criminal Procedure, 1973
Order for maintenance of wives, children, and parents.
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance until she attains her majority if the Magistrate is satisfied that the husband of such minor female child if married, is not possessed of sufficient means. Explanation.- For the purposes of this Chapter,-
(a) ” minor” means a person who, under the provisions of the Indian Majority Act, of 1875 (9 of 1875 ); is deemed not to have attained his majority;
(b) ” wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Such allowance shall be payable from the date of the order 100 questions on procedure and maintenance, or, if so ordered, from the date of the application for maintenance.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such
The magistrate may consider any grounds of refusal stated by her and may make an order under this section notwithstanding such offer if he is satisfied that there is just ground for so doing. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.
(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.
Muslim Women (Protection of Rights on Divorce) Act, 1986
Under the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereafter referred to as the Act ) the provisions under Section 125 of the Code cannot be invoked and applied in case of a divorced Muslim woman and any order directing payment of maintenance to a Muslim woman who is divorced by her husband cannot be passed under Section 125 of the Code.
In view of the explanation under sub-section (1) of Section 125 of the Code, the term or expression wife in Section 125 of the Code includes a divorced woman who has not remarried. According to the provision if a person having sufficient means neglects or refuses to maintain or provide for maintenance of his wife who is unable to maintain herself then he may be directed by a Magistrate to pay such amount to a divorced woman as provided for under the said section. The provision under the said Section is made with a view to providing a summary remedy to persons (wife, legitimate or illegitimate minor child, father or mother) who are unable to maintain themselves. From plain reading of the provision it also becomes clear that the Section neither provides for, nor it even impliedly admits, that the applicability of the Act or the power of Magistrate to direct the husband to provide for maintenance is to be guided by, or the said power is to be exercised having regard to, the religion professed and followed by the spouse. As observed by Hon ble Apex Court the religion professed by a spouse has no place in the scheme of the provision under Sections 125 to 127 under the Code. Thus, whether the spouses are Hindus, Muslims or Christians or Parsis is not relevant in considering and deciding application under Section 125 of the Code. Therefore, the religion followed by a divorced Muslim wife who is neglected in the matter of making provisions or for payment of maintenance will not and cannot make any difference in her right to make an application under Section 125 of the Code. It is one thing to say that the provisions under Section 125 do not supplant the personal law of parties but it is an altogether different thing to contend that the religion professed by the parties to the application would be a relevant factor in determining the applicability of the provision under Section 125 of the Code or in determining the issue about maintainability of application by divorced Muslim wife under Section 125 of the Code. So far as Section 125 of the Code is concerned, as observed by Hon ble Apex Court, the religion professed by the parties or the personal law by which they are governed cannot have any repercussion on the applicability of such law. The right and remedy conferred by the provision under Section 125 of the Code is available to the persons under Clauses (a) to (d) of sub-section (1) of Section 125, irrespective of the personal law of the applicant.
Questions on maintenance
- When would a wife not be entitled to maintenance from her husband under section 125 of CrPC?
- On what grounds court can refuse maintenance to the wife under Section 125 CrPC?
- Who can all claim maintenance under section 125 of CrPC When will the wife not be allowed for maintenance or interim maintenance?
- When can an order for maintenance past in Favour of a wife be set aside?
- Under which circumstances a wife is not entitled to receive maintenance?
- On what grounds wife can be refused maintenance?
- Who Cannot claim maintenance under 125 CRPC?
- How do you beat level 125 on CRPC?
- How a husband can deny maintenance to his wife?
- Is the working wife eligible for maintenance?
- Can the court force the husband to stay with his wife?
- In which case alimony is not granted?
- Can a working wife claim alimony?
- Can a working wife get alimony?
- When can alimony be denied?
- Which is the most expensive divorce in India?
- Does the wife get alimony if the husband is unemployed?
- How much alimony can a wife get?
- What is the maximum alimony in India?
- What happens if the husband refuses to pay alimony?
- How permanent alimony is calculated?
- How many years of separation is equal to divorce in India?
- How can I prove my husband’s income in court?
- How can I avoid paying alimony?
- Can 125 CrPC be quashed?
- What is the period of limitation of execution of the order of maintenance under section 125 of CrPC?
- Can the court grant interim maintenance under section 125 CrPC without hearing the husband?
- Can interim maintenance be denied to the wife?
- Can the wife ask for maintenance after divorce?
- How do courts decide maintenance?
- Who is eligible for interim maintenance?
- How long does a maintenance case run?
- How do I withdraw from 125 CrPC?
- How do you stop interim maintenance?
- Can interim maintenance be challenged?
- How do you defend a maintenance case?
- What is the Supreme Court Judgement on maintenance charges?
- Can you go to jail for not paying maintenance?
- Can a maintenance order be canceled?
- What happens if maintenance is not paid?
- What happens when maintenance is not paid?
- What happens if I don’t pay maintenance for my wife?
- What is the difference between alimony and maintenance?
- What happens if the defendant fails to appear in maintenance court?
- What happens on the first day of maintenance court?
- Is maintenance a civil or criminal?
- Can you claim arrears maintenance?
- Can you claim child maintenance from years ago?
- What age does child maintenance stop?
- Can a working wife claim maintenance for a child?